'Teresita's Law' wins backing from legislators

Wednesday

Nov 14, 2012 at 2:00 AM

MIDDLETOWN — A bill in the state Senate right now, named after a Middletown woman who was killed by a driver with eight suspensions on his license, would raise driving with even one suspension and causing a death from a misdemeanor to a felony.

BY NATHAN BROWN

MIDDLETOWN — A bill in the state Senate right now, named after a Middletown woman who was killed by a driver with eight suspensions on his license, would raise driving with even one suspension and causing a death from a misdemeanor to a felony.

The bill is named "Teresita's Law," after Teresita Solano, a Middletown woman who was struck and killed by a truck Feb. 24 while crossing Grand Avenue in Middletown.

The driver, Gerardo Cazarez, pleaded guilty to aggravated unlicensed operation of a motor vehicle and was sentenced to pay $580 in fines in City Court in October.

"It will give the (district attorney's) office more discretion to bargain a more severe penalty that fits the action," said the bill's sponsor, state Sen. John Bonacic, R-C-Mount Hope.

Currently, unlicensed operation is only a felony if someone has 10 or more suspensions or his or her license has been permanently revoked.

The law, which was introduced about three weeks ago, would make it a Class E felony, punishable by up to four years in prison, when someone whose license is suspended at all causes someone's death while driving.

Since Solano's death, her sister, Evangeline Papp, has made it her mission to see penalties tightened, calling and writing the district attorney's office about the case, getting local politicians on board with changing the law and gathering signatures for petitions to change it.

In August, Middletown's Common Council passed a resolution supporting the change.

"She makes a very good case that the law needs to be changed," Bonacic said. "And we're going to try and do it."

Bonacic said he plans to push to get the law passed when the Legislature goes back into session next year.

Assemblywoman Aileen Gunther, D-C-Forestburgh, who has also met with Papp, said she plans to introduce it into the Assembly.

"I think it's a good piece of legislation, and I definitely would carry it," she said.